Highlands School Development Association v Keith Vitrino

[2013] ZWLC 430

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Case Details

Court

Labour Court

Date

27 September 2013

Citation

[2013] ZWLC 430

Judgment No.

LC/H/430/2013

Outcome

unknown

Case Type

Appeal

Bench

Presiding

L. Hove

Full Bench

L. Hove

Areas of Law

Labour LawEmployment Law

Keywords

unfair labour practiceindefinite suspensiondisciplinary hearingcontinuing offencerepudiation of contract

Key Issues

{"issue_text":"Whether failure to conduct disciplinary hearing within prescribed time constitutes unfair labour practice under section 8 of Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Employer suspended employee in 2006, no hearing conducted by 2011"}
{"issue_text":"Whether unfair labour practice claim had prescribed under section 94","issue_type":"law","dispositive":"no","related_facts":"Claim brought in 2011, four years after suspension"}
{"issue_text":"Whether respondent repudiated contract by not reporting for work","issue_type":"mixed","dispositive":"no","related_facts":"Respondent remained available, did not seek alternative employment"}

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background

Facts of the Case

Background

The respondent was employed as a bursar by the appellant school and was suspended on 19 June 2006 to allow investigation of misconduct allegations. Despite the suspension letter stating he would be called for a hearing, no hearing was conducted for over four years. The respondent reported the matter to a labour officer in January 2011, leading to arbitration which found an unfair labour practice. The school appealed this arbitral award.

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